Layer2 Communications, Inc. v. Flexera Software, LLC

Filing 23

Order by Magistrate Judge Donna M. Ryu granting 21 Stipulation .(dmrlc2, COURT STAFF) (Filed on 8/28/2013)

Case4:13-cv-02131-DMR Document21 Filed08/26/13 Page1 of 4

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Keith R. Gillette (Bar No. 191082)
[e-mail]
Chad D. Greeson (251928)
[e-mail]
ARCHER NORRIS
2033 North Main Street, Suite 800
Walnut Creek, CA 94596-3759
Telephone:
925.930.6600
Facsimile:
925.930.6620
Attorneys for Plaintiff/Counter-Defendant LAYER2
COMMUNICATIONS, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LAYER2 COMMUNICATIONS, INC.,

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Plaintiff,

Case No. Case No. 4:13 cv 02131 DMR

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v.

STIPULATED ORDER RE: DISCOVERY
OF ELECTRONICALLY STORED
INFORMATION

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FLEXERA SOFTWARE, LLC,

Action Filed: May 8, 2013

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Defendant.

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___________________________________

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AND RELATED COUNTER-CLAIM

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1.

PURPOSE

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This Order will govern discovery of electronically stored information (“ESI”) in this case

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as a supplement to the Federal Rules of Civil Procedure, this Court’s Guidelines for the

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Discovery of Electronically Stored Information, and any other applicable orders and rules.

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2.

COOPERATION

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The parties are aware of the importance the Court places on cooperation and commit to

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cooperate in good faith throughout the matter consistent with this Court’s Guidelines for the

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Discovery of ESI.

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3.

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The parties have identified liaisons to each other who are and will be knowledgeable
L0217001/1645123-1

LIAISON

4:13 CV 02131 DMR
STIPULATED ORDER RE: DISCOVERY OF
ELECTRONICALLY STORED
INFORMATION

Case4:13-cv-02131-DMR Document21 Filed08/26/13 Page2 of 4

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about and responsible for discussing their respective ESI. Each e-discovery liaison will be, or

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have access to those who are, knowledgeable about the technical aspects of e-discovery, including

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the location, nature, accessibility, format, collection, search methodologies, and production of ESI

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in this matter. The parties will rely on the liaisons, as needed, to confer about ESI and to help

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resolve disputes without court intervention.

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4.

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The parties have discussed their preservation obligations and needs and agree that

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preservation of potentially relevant ESI will be reasonable and proportionate. To reduce the costs

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and burdens of preservation and to ensure proper ESI is preserved, the parties agree that:

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PRESERVATION

a) The parties will exchange a list of the types of ESI they believe should
be preserved and the custodians, or general job titles or descriptions of
custodians, for whom they believe ESI should be preserved, e.g., “HR head,”
“scientist,” and “marketing manager.” The parties shall add or remove
custodians as reasonably necessary;

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b) The parties will agree on the number of custodians per party for whom
ESI will be preserved;

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c) The parties will exchange a list of data sources that may contain
potentially relevant information but that are not reasonably accessible
because of undue burden or cost pursuant to Fed. R. Civ. P. 26(b)(2)(B) to
the extent such data sources exist. These data sources include back-up
media systems or systems no longer in use that cannot be accessed. ESI
from these sources will be preserved but not searched, reviewed, or
produced;

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d) In addition to the agreements above, the parties may agree that data
from certain sources (a) could contain relevant information but (b) under the
proportionality factors, should not be preserved.

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5.

SEARCH

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The parties agree that in responding to an initial Fed. R. Civ. P. 34 request, or earlier if

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appropriate, they will meet and confer about methods to search ESI in order to identify ESI that is

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subject to production in discovery and filter out ESI that is not subject to discovery.

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6.

PRODUCTION FORMATS

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The parties agree to produce documents in single-page PDF and/or TIFF file format,

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organized at the document level and produced with a delimited data file that contains the

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document boundaries. The parties expressly reserve the right to request the production of metaL0217001/1645123-1

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4:13 CV 02131 DMR
STIPULATED ORDER RE: DISCOVERY OF
ELECTRONICALLY STORED
STIPULATED ORDER RE: DISCOVERY OF
ELECTRONICALLY STORED

Case4:13-cv-02131-DMR Document21 Filed08/26/13 Page3 of 4

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data and/or production of the native file. If particular documents warrant a different format, the

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parties will cooperate to arrange for the mutually acceptable production of such documents. The

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parties agree not to degrade the searchability of documents as part of the document production

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process. No party has an obligation to make its production text-searchable; however, if a party’s

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documents already exist in text-searchable format independent of this litigation, or are converted

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to text-searchable format for use in this litigation, including for use by the producing party’s

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counsel, then such documents shall be produced in the same text-searchable format at no cost to

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the receiving party.

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7.

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DOCUMENTS PROTECTED FROM DISCOVERY
a) Pursuant to Fed. R. Evid. 502(d), the production of a privileged or
work-product-protected document, whether inadvertent or otherwise, is not a
waiver of privilege or protection from discovery in this case or in any other
federal or state proceeding. For example, the mere production of privileged
or work-product-protected documents in this case as part of a mass
production is not itself a waiver in this case or in any other federal or state
proceeding.

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b) Communications involving trial counsel that post-date the filing of the
complaint need not be placed on a privilege log. Communications may be
identified on a privilege log by category, rather than individually, if
appropriate.

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8.

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This Stipulated Order may be modified by a Stipulated Order of the parties or by the

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MODIFICATION

Court for good cause shown.

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IT IS SO STIPULATED, through Counsel of Record.

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[Signatures on the Following Page]

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L0217001/1645123-1

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4:13 CV 02131 DMR
STIPULATED ORDER RE: DISCOVERY OF
ELECTRONICALLY STORED
STIPULATED ORDER RE: DISCOVERY OF
ELECTRONICALLY STORED

Case4:13-cv-02131-DMR Document21 Filed08/26/13 Page4 of 4

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ARCHER NORRIS
Dated: August 26, 2013

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/s/ Chad D. Greeson
Chad D. Greeson
ARCHER NORRIS
2033 North Main Street, Suite 800
Walnut Creek CA 94596-3759
Telephone: [phone]
Attorneys for Plaintiff/Counter Defendant
LAYER2 COMMUNICATIONS, INC

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Dated: August 26, 2013

BARNES & THORNBURG

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/s/ David W. Nelson
David W. Nelson
2049 Century Park East, Suite 3550
Los Angeles, CA 90067

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Attorneys for Defendant/Counter-Claimant
FLEXERA SOFTWARE, LLC.

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R NIA

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Dated: August 28, 2013

. Ryu

NO

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onna M
Judge D

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UNITED STATES DISTRICT/MAGISTRATE JUDGE

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S DISTRICT
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IT IS ORDERED that the forgoing Agreement is approved.

UNIT
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L0217001/1645123-1

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4:13 CV 02131 DMR
STIPULATED ORDER RE: DISCOVERY OF
ELECTRONICALLY STORED
STIPULATED ORDER RE: DISCOVERY OF
ELECTRONICALLY STORED